California, United States of America
The following excerpt is from People v. Davidson, B223722 (Cal. App. 2012):
condemned rather than approved[.]" {People v. Wein (1958) 50 Cal.2d 383, 395.) Nevertheless, "it does not follow that such conduct is necessarily prejudicial in any given case." (Id. at pp. 395-396; accord, Neumann v. Bishop (1976) 59 Cal.App.3d 451, 474.) Here, neither the juror's names nor personal characteristics were mentioned. The jury was instructed that the prosecutor's argument was not evidence, and the evidence of express malice was strong. There is no reasonable probability the jury would have reached a verdict more favorable to appellant absent the challenged comments.
The judgment is affirmed.
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